@danieldresen,
I was able to access the motion via dropbox.
There is a lot going on in your case. As it stands, without a response, I think your case will likely be dismissed. But, I see some ways ahead. It seems to me that the LOD (and its procedural processing) are a key issue for your case (not only substantively, but for purposes of your court case). (Note that these are "big picture" ideas....the problem is that it would really take many hours to properly research and draft a full argument).
One way would be to go back to the ABCMR to address the LOD first. (Maybe, request a remand from the Court with a stay until the ABCMR addresses the issue; they can also address the overall results of the PEB, i.e., they can grant relief on your retirement benefits, too). Another way would be to argue that you do have an issue before the Court, that being your entitlement to the pay and benefits of a retiree, and the error is the erroneous LOD and NDR referral. That should be within the jurisdiction of the Court to hear and to grant relief on. I tend to think the Court would not be inclined to rule in your favor directly, but would remand the case anyways (that is how most cases go once an agency decision is found to be "arbitrary, capricious, contrary to law, and unsupported by substantial evidence").
(Now, I have only touched on the bigger pictures; there are lot of underlying arguments and violations of law that need to be identified to "get there." I would be shocked if there were not procedural errors in how the LOD was processed; I am almost certain they misapplied the presumptions. The
Wollman case, which is available in the Resources section, discusses many of those issues (even using the lower standards that preceded and were in effect before DoDI 1338.32 and the current DoDI 1332.18).
It is pretty clear that the promotion issues will be dismissed.
I didn't see a scheduling order in the docket report. So, the Rules of Court timing will likely apply. Under RCFC 7.2:
"(b) Motions Under RCFC 12(b), 12(c), 52.1, and 56. (1) Responses. A response to any of these motions must be filed within
28 days after service of the motion."
Have you thought about searching for a law firm with a pro bono program? Typically, large law firms have such programs. While you may not find lawyers with particular knowledge of these types of cases, on the other hand, they may be really large firms with paralegals, scores of lawyers, and the resources to help.
Finally, to echo earlier folks, if you are feeling suicidal, GET HELP! Your health and well being are more important than any of this.